1. Employee and Employer Contributions
The plan likely includes both employee (pre-tax or Roth) and employer contributions. Many 401(k) Profit Sharing plans have profit-sharing contributions that are subject to vesting schedules. A QDRO must account for which portions of the balance are vested to avoid counting unvested employer contributions in the alternate payee’s share.
Be sure to clarify whether the division includes only the vested portion or the entire balance as of the applicable division date.

